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www.goerg.de
BANKING & FINANCELUCRATIVE PROSPECTS FOR YOU
Knowledge that pays off: our banking and finance expertise
GÖRG is one of the top independent business law firms in Germany, with many years of experience providing national and international advisory services.
Our banking and finance team will assist you skilfully as personal partners in all matters of banking and finance law.
Many options – major challenges
The range of available financing sources and products is continually growing. Finding the right choice or combi-nation is a major challenge for investors and businesses alike. Bank loans continue to be a significant source, but alternative investors such as insurance providers, pension funds or so-called debt funds occupy a growing presence in the market — and forms of financing based on capital markets are becoming increasingly more important.
Comprehensive skills – for individual demands
Our banking and finance team of around 30 experienced specialist lawyers will provide you with comprehensive, practical and skilled advice, along with their extensive experience in litigation for financial service providers and credit institutions.
Thanks to the size of our firm and our nationwide presence, we remain flexible and able to put together an expert team tailored to your individual requirements at any time, offering you rapid, thorough and practical advice even for complex projects.
An excellent network around the world
Our clients include German and foreign credit institutions, regional banks and savings banks, insurance providers, management companies, funds, asset managers and issuing banks, financial service providers, public-sector businesses, mid-sized businesses and internationally op-erating corporations as well as financial investors within Germany and abroad, including fintech/start-ups.
Whether financing, banking law, litigation, restructuring, financial supervision law, matters of corporate governance and com-pliance or matters of investment and capital investment law:
Our legal experts are fully committed to and enthusiastic about placing their extensive knowledge and many years of experience at your service.
Financing
No matter how you are involved in financing, whether as a lender, borrower or in another capacity, such as a sponsor, trustee, servicer or other type of provider — we will advise you comprehensively on all types of financ-ing, both in the primary and secondary markets. Here is a brief overview:
nn Loan agreements, inter-creditor and securities docu-mentation in accordance with German standards and international standards (such as the LMA)nn Bilateral and syndicated financingnn Business financingnn Real estate financingnn Project and infrastructure financingnn Acquisition financingnn Structured financing including CMBS/RMBS
transactionsnn Advice on loan transactions for trustees and other
service providersnn Asset financing, e. g. leasing, factoring and asset-
based lendingnn Bond issuance including prospectus draftingnn Promissory note loansnn Internal group financing including cash pooling
A single source across all fields for your benefit: our range of expertise and advice
General banking law
For all matters of banking law, you can rely on our expe-rienced experts who specialise in the following areas:
nn Banking contracts, including terms and conditionsnn Fintech including start-upsnn Sale of financial instruments and investment advicenn Derivative financial instruments of all kindsnn Securities transactions, both exchange-traded and
OTC productsnn Electronic banking, data protection, cyber law and
cyber liabilitynn Money launderingnn Banking tax lawnn Deposits and investments, including funds accounts/
securities accounts and fund asset management accountsnn Private banking, asset managementnn Outsourcing of bank accounts/banking operations
Dispute Resolution | Litigation
We represent your interests with our skilled, committed and reliable approach: whether out of court or for litigation or arbitration. Our team has extensive litigation experience in all aspects of banking law:
nn Individual litigation and mass litigation, such as nation-wide assertion of claims against credit institutions and insurance providersnn Complex large-scale litigationnn Disputes between banksnn Representation of financial institutions in dealings
with private and professional investors, such as pay-ment transactions, financing, collateral and invest-ment advicenn Capital market disputes of all kinds, including disputes
involving complex financial instruments (derivatives, securities), inaccurate capital market disclosure and prospectus liability
Restructuring of all types of financing
As one of the top firms in Germany for restructuring non-performing and distressed financing, GÖRG has an excellent reputation for advising debtors and creditors.
We provide skilled, comprehensive and trustworthy advice on critical and impaired financing, particularly for default-ing loans. When needed for complex projects, we draw on the pooled expertise of our restructuring and reorganisa-tion team. Our services include the following:
nn Restructuring all types of credit financingnn Restructuring bondsnn Advice on non-performing and impaired financing,
particularly sub-performing loans (SPL) and non- performing loans (NPL)nn Advice on bringing such credit claims (collateralised/
non-collateralised)nn Advice on the acquisition of (defaulting/distressed)
loan portfoliosnn Bridging loans and restructuring loans
Banking supervisory law | Insurance su-pervisory law | Payment supervisory law
Banks, insurance providers, payment institutions and elec-tronic funding institutions trust us in matters of supervisory law. If you are responsible for managing a business regulated by laws such KWG/VAG/ZAG, whether as a credit institu-tion, insurance provider, pension fund, payment institution, electronic funding institution or other business in the finan-cial services sector such as a fintech business — we offer skilled advice on all aspects of financial regulatory law. We will guide you through new legislative developments, advise you on how to handle highly-complex regulatory issues and reliably assist you during approval procedures or in the preparation of institutional notifications and reports. You can rely on our comprehensive expertise in matters such as:
nn Approval procedures for institutions in accordance with KWG and ZAG
nn Clarification of whether approval or supervision is required for banks, insurance providers, payment providers and electronic funding institutions, as well as on matters relating to money-laundering law
nn Notifications in accordance with KWG and ZAGnn Ownership control procedures and notification requirements
related to mergers and acquisitions in the financial sectornn Regulatory requirements for the internal organisation of
credit institutions and financial service institutions, such as minimum requirements for risk management and com-pliance (MaRisk, MaComp) and the Remuneration Regu-lation for Institutions (Institutsvergütungsverordnung).
nn Regulatory requirements as well as contractual arrange-ments for financial services outsourcing
nn Insurance supervision regulatory requirements under the VAG
Corporate Governance and Compliance
One of our core advisory areas covers company law and corporate constitution law in the financial sector, alongside common topics in banking and finance law. Our lawyers provide you with comprehensive advice concerning, for instance:
nn Business-specific corporate governance (e. g. for pri-vate and public banks, savings banks and insurance providers)nn Liability of management bodies, including representa-
tion of credit institutions and management bodies in courtnn D&O insurance mattersnn Compliance in the financial sectornn Internal investigations in the financial sectornn Advisory of supervisory boards
Investment law | Capital investment law
The complexity of advising in the field of investment law and capital investment law requires extensive specialist knowledge. Investment law advice is one of our core skill areas. We provide you with comprehensive and skilled advice on all related matters, including the following:
nn Developing legal and tax concepts and ongoing ad-vice on investment assetsnn Collaboration with supervisory authorities in approval
and notification processesnn Establishing investment assets in the form of OGAW
funds and AIF funds, as well as investment stock corporations or limited investment partnershipsnn Preparation and updating of mandatory documents
for investment assets; drafting of a prospectus/infor-mation memorandum, general and specific conditions for investment, key investor information document (KIID)nn Negotiation and review of contracts with depositaries
and service providersnn Negotiation and review of outsourcing contracts for
management companies, including with portfolio managersnn Negotiation and review of sales contracts, notification
of cross-border sales (passporting of funds in the EU and EEA) and review of promotional materialsnn Legal advice on transferring funds, changes in
depositaries or management companies as well as fund mergers
At GÖRG, we are also able to transfer funds to other countries through our partner firms. For matters involving international sales activities, we also collaborate with external independent firms.
Local presence:your contacts
Dr. Alexander Reuter, M.C.J.Kennedyplatz 2 50679 Cologne Tel. +49 221 [email protected]
Kay Neumann, Lawyer specialising in banking and capital markets lawKennedyplatz 2 50679 Cologne Tel. +49 221 [email protected]
Andreas PeterPrinzregentenstraße 22 80538 Munich Tel. +49 89 [email protected]
Dr. Dania NeumannUlmenstraße 3060325 Frankfurt am MainTel. +49 69 170000-232 [email protected]
Cologne Cologne
Dr. Kirsten Schümann-Kleber, LL.M.Kantstraße 164 10623 Berlin Tel. +49 30 [email protected]
Berlin
Dr. Matthias TerlauKennedyplatz 250679 CologneTel. +49 221 [email protected]
Cologne
Dr. Roland Hoffmann-TheinertKantstraße 164 10623 Berlin Tel. +49 30 [email protected]
Berlin
Dr. Thomas Lange Kennedyplatz 2 50679 Cologne Tel. +49 221 [email protected]
Cologne
Dr. Jens-Dietrich Mitzlaff Ulmenstraße 3060325 Frankfurt am MainTel. +49 69 [email protected]
Frankfurt am Main
Dr. Mark O. Kersting, LL.M. Ulmenstraße 3060325 Frankfurt am MainTel. +49 69 [email protected]
Frankfurt am Main
MunichFrankfurt am Main
Dr. Yorick Ruland, Lawyer specialising in banking and capital markets lawKennedyplatz 2 50679 Cologne Tel. +49 221 [email protected]
Cologne
Where you’ll find us:our locations
About us:
GÖRG ranks among Germany’s leading independent business law firms. With some 290 lawyers and tax advisors based at our five locations — in Berlin, Cologne, Frankfurt am Main, Hamburg and Munich — we are able to offer our clients the full breadth and scope of legal expertise and experience needed to cover all core areas of business law.
www.goerg.de
GÖRG Partnerschaft von Rechtsanwälten mbB
BERLINKantstraße 16410623 BerlinTel. +49 30 884503-0Fax +49 30 [email protected]
MUNICHPrinzregentenstraße 2280538 MunichTel. +49 89 3090667-0Fax +49 89 [email protected]
HAMBURGDammtorstraße 1220354 HamburgTel. +49 40 500360-0Fax +49 40 [email protected]
COLOGNEKennedyplatz 250679 CologneTel. +49 221 33660-0Fax +49 221 [email protected]
FRANKFURT AM MAINUlmenstraße 3060325 Frankfurt am MainTel. +49 69 170000-17Fax +49 69 [email protected]
